Byrd v. Stavely

Decision Date05 May 2005
Docket NumberNo. 04CA0450.,04CA0450.
Citation113 P.3d 1273
PartiesAlicia BYRD and Robert Claudell, Plaintiffs-Appellees, v. John F. STAVELY, Honorable Judge of the County Court in and for the County of Boulder, 20th Judicial District; and Thomas Reed, Honorable Judge of the County Court in and for the County of Boulder, 20th Judicial District, Defendants-Appellants.
CourtColorado Court of Appeals
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6 cases
  • State v. Guzman
    • United States
    • Oregon Supreme Court
    • 27 décembre 2019
    ...§ 42-4-1301(1)(a). See Colo. Rev. Stat. § 42-4-1307(3) - (4) (defining different penalties for the two offenses); Byrd v. Stavely , 113 P.3d 1273, 1278 (Colo. App. 2005) (recognizing that DWAI is a separate offense with lesser penalties). There is no dispute that both of Heckler’s convictio......
  • Doumbouya v. County Court of Denver
    • United States
    • Colorado Court of Appeals
    • 24 décembre 2009
    ...position as the district court in reviewing the county court's action, we do not defer to its Rule 106 ruling. See Byrd v. Stavely, 113 P.3d 1273, 1275 (Colo.App.2005). III. Cross-Examination and Manifest A conclusion that there was manifest necessity for a mistrial requires two determinati......
  • Roalstad v. City of Lafayette
    • United States
    • Colorado Court of Appeals
    • 8 octobre 2015
    ...to a jury trial, as [p]laintiff's Sixth Amendment rights have not been implicated by the listed municipal charges under Byrd v. Stavely, 113 P.3d 1273 (Colo.App.2005)." The court did not mention section 16–10–109 in its order.¶ 7 Roalstad filed a motion for reconsideration, arguing that the......
  • Goodwine v. US
    • United States
    • D.C. Court of Appeals
    • 18 mars 2010
    ...in addition to other penalties, was not sufficient to overcome a presumption that an offense was petty. See, e.g., Byrd v. Stavely, 113 P.3d 1273, 1278 (Colo.App.2005) ("We conclude that the additional 48 hours of community service is not a sufficiently severe penalty to overcome the presum......
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